Chapter 23b Access to Electronic Communications

-23b-8 Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action

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77-23b-8 Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.

(1) Except under Subsection 77-23b-4(5), any provider of electronic communications service, subscriber, or customer aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may in a civil action recover from the person or entity that engaged in that violation relief as is appropriate.

(2) In a civil action under this section, appropriate relief includes:

(a) preliminary and other equitable or declaratory relief as is appropriate;

(b) damages under Subsection (3); and

(c) a reasonable attorney’s fee and other litigation costs reasonably incurred.

(3) The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case is a person entitled to recover less than $1,000.

(4) A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this chapter or any other law:

(a) a court warrant or order, a grand jury subpoena, legislative authorization, or a statutory authorization;

(b) a request of an investigative or law enforcement officer under Subsection 77-23a-10(7); or

(c) a good faith determination that Subsection 77-23a-4(9) permitted the conduct complained of.

(5) A civil action under this section may not be commenced later than two years after the date the claimant first discovered or had a reasonable opportunity to discover the violation.

Amended by Chapter 22, 1989 General Session
Amended by Chapter 122, 1989 General Session

77-23b-9 Judicial scope of chapter remedies and sanctions.

          The remedies and sanctions under this chapter are the only judicial remedies and sanctions for nonconstitutional violations of this chapter.
Enacted by Chapter 251, 1988 General Session

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